138

JURIES. [ART. 50.

present, after well and thoroughly shaking said box
so that the ballots be well mixed, to draw from said
box, through such an opening or aperture made by
moving the sliding top thereof as will only conveni-
ently admit the hand, and without in any manner
looking into said box, one by one, forty-eight of said
ballots ; and the names appearing on said ballots as
drawn, shall be duly recorded by the said judge, or
by the clerk in his presence, and under his direction,
in the order in which they shall be drawn, and there-

Summoning
Jurors.

upon forthwith the said judge shall order a venire
facias, directed to the sheriff of the said county, com-
manding him to summon as jurors to attend at the
next ensuing term of said court, the several persons
whose names may be drawn as aforesaid, and if any
such persons whose names are so drawn and embraced
in said venire facias, should be dead, sick or otherwise
unable to attend, or should be absent and therefore
not to be found, it shall be the duty of the sheriff
forthwith to return the fact of such death, disability
or absence, and the said judge shall thereupon cause
to be drawn from said box in the manner herein-
before directed, other names in the place and stead
of the original, who may be dead, disabled or absent,
and shall cause the name or names of such person or
persons so as last aforesaid drawn to be inserted in
the said venire facias to be summoned as aforesaid ;
and it shall be the duty of the sheriff to summon
the persons named in said venire facias, and make
return thereof to said court at the opening of its
session.

Ibid s 4.
Judge of the
court to have
charge of the
ballot box.

22. Immediately after each drawing for jurors as
directed in the preceding section and for talesmen as
hereinafter directed and without suffering the said
ballots remaining in said box to be taken out, or
in any manner removed therefrom, or inspected or
examined, or the said box to be looked into or
removed from his presence" by any person whatever,
the said judge of the said respective courts shall
close said box and either lock or seal the same